Summary
Appeal against the enforcement of a court decision from Denmark previously accepted by a Spanish court by means of an exequatur (commercial matters).
Court decision: the foreign court decision is in accordance with arts. 43 and 44 of Brussels I Regulation.
The examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws.
The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation.
Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court.
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Guadalajara (Sección 1ª) (Spain) (Second instance)
Date: 10-12-2010
Court decision: Juzgado de Primera Instancia nº 4 de los de Guadalajara (Spain) (First instance)